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Author: Robert T. Stephan
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The provisions, both protections and limitations, of the Kansas tort claims act apply to the board of directors of the information network of Kansas established pursuant to K.S.A. 1991 Supp. 74-9301 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1991 Supp. 74-9301; 74-9302; 74-9304; 74-9308; K.S.A. 75-6101; K.S.A. 1991 Supp. 75-6102; K.S.A. 75-6103; K.S.A. 1991 Supp. 75-6104.
Author: Robert T. Stephan
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Languages : en
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The provisions, both protections and limitations, of the Kansas tort claims act apply to the board of directors of the information network of Kansas established pursuant to K.S.A. 1991 Supp. 74-9301 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1991 Supp. 74-9301; 74-9302; 74-9304; 74-9308; K.S.A. 75-6101; K.S.A. 1991 Supp. 75-6102; K.S.A. 75-6103; K.S.A. 1991 Supp. 75-6104.
Author: Robert T. Stephan
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Languages : en
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Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
Author: Robert T. Stephan
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Languages : en
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Judging from the facts provided, B.C. Christopher, a financial advisor, has not held itself out as an expert in the area of law and will give no advice regarding the legal rights or obligations of the school district; therefore, it is not engaged in the unauthorized practice of law. The proposal submitted by the financial advisor does not obligate the school district to use the services of the attorney selected by the financial advisor, nor does it prohibit the school district from appointing legal counsel to provide the services necessary for issuing bonds. The proposal does not result in an impermissable impediment to the on-going relationship between the school district and the district's present legal counsel. Failure by the school district to meet all statutory requirements, regardless whether the school district follows the advice of legal counsel, may affect the validity of the issuance of bonds by the school district. Cited herein: K.S.A. 72-6761; 72-8201; 72-8202e; Kan. Const., art. 3, sec. 1; D.R. 7-104; M.P.R.C. 4.2; 1992 Kan. Ct. R. Annot. 225.
Author: Robert T. Stephan
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Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.
Author: Robert T. Stephan
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As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Author: Robert T. Stephan
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A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.
Author: Robert T. Stephan
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The county appraiser's office must provide access to the database maintained in the office, as long as the records requested are open public records and the format is available. The requester of the database may manipulate and repackage the information into a different format for sale as long as the provisions of K.S.A. 21-3914 and K.S.A. 45-220(c) are not violated. Cited herein: K.S.A. 45-216; 45-217, as amended by L. 1994, ch. 293, sec. 4; 45-220.
Author: Robert T. Stephan
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The board of county commissioners has the authority to designate and decide which areas of the courthouse, except those used for judicial functions, are to be smoking areas. Cited herein: K.S.A. 19-104; K.S.A. 1991 Supp. 19-212; K.S.A. 21-4009; 21-4010; 20-4011.
Author: Robert T. Stephan
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To be registered as a master's level psychologist, an applicant must first obtain a master's degree in psychology as specified by statute. A person engaged in a doctoral psychology program which does not also confer a master's degree, and who completes all course requirements except the dissertation, may not be registered as a master's level psychologist unless the applicant has met the educational requirements through a separate master's program. Cited herein: K.S.A. 1989 Supp. 74-5363, as amended by L. 1990, ch. 286, section 6.
